Legal Question in Family Law in Florida
Interpretation of child support guideline
My divorce decree states, ''The child support payments shall be due on the fifteenth of each and every month, commencing on March 15, 2000, until the minor children reach the age of eighteen (18). However, if on the 18th birthday a chld is still in high school with a reasonable expecation of graduation, then child support shall continue until the child graduates, but in no event later than the 19th birthday.'' My daughter was held back a year and to accomodate her graduation which would have been after the 18th birthday, I agreed to support her through her high school graduation. However, five months ago she dropped out of school and her 18th birthday is in October 2002. Am I correctly interpreting the agreement to mean that since she is not enrolled in high school and is becoming of legal age (18) in October 2002, that I can petition the court to modify child support?
2 Answers from Attorneys
Re: Interpretation of child support guideline
It appears to me you now owe nothing so why modify it?
Re: Interpretation of child support guideline
It seems clear to me that based upon the limited information you provided, upon your daughter's 18th birthday, your child support obligation will cease. There does not appear to be any need to modify your decree. If you do apply to the Court, you can expect that your ex wife will look for other ways to hold you responsible or to increase the child support if you have other children. As my mother used to say, "Leave well enough alone."
You may wish to seek a consultation with a local lawyer to make sure you have relayed the information correctly. The charge for a short consultation should be minimal.
Scott R. Jay, Esq. 305-249-8000
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